Bhura Yadav @ Niranjan Kumar And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28951 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -PALI District- JEHANABAD ======================================================

1. Bhura Yadav @ Niranjan Kumar Son of Nanhu Yadav @ Shio Prasad

2. Chhote Ram @ Praveen Kumar, Son of Doman Yadav @ Doman Ram

3. Kara Yadav, son of Lal Yadav All are Resident of village- Lattan Patti, P.S.- Pali, District- Jehanabad .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nand Kishore Prasad For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 24-07-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 427/34 of the Indian Penal Code and 3(1) (x) of SC/ST (Prevention of Atrocities) Act. It is alleged that the accused persons abused the informant by calling caste name and assaulted with knife when the brother of the informant came to rescue then he was also assaulted.

It is submitted by learned counsel for the petitioners that the injury report of the informant suggests that he

Patna High Court Cr.Misc. No.28951 of 2015 (2) dt.24-07-2015 2/2 received only one lacerated injury on the right elbow caused by hard and blunt substance simple in nature whereas there is a counter version of the occurrence also and the petitioner no. 1 has received grievous injury. Both the injury reports have been brought on record by way of supplementary affidavit as Annexure nos. 4 and 5.

Considering the fact that the accusation of assault on the informant has not been corroborated by the injury report and the petitioners' side also received injury, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Jehanabad in connection with Pali P.S. Case No. 09 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T